Amendment CA1-SSA1-AB75

AB75-SSA1-CA1,141,9 " Section 2186t. 103.49 (1) (am) of the statutes is created to read:

AB75-SSA1-CA1,141,15 103.49 (1) (am) "Bona fide economic benefit" means an economic benefit for which an employer makes irrevocable contributions to a trust or fund created under 29 USC 186 (c) or to any other bona fide plan, trust, program, or fund no less often than quarterly or, if an employer makes annual contributions to such a bona fide plan, trust, program, or fund, for which the employer irrevocably escrows moneys at least quarterly based on the employer's expected annual contribution.".

AB75-SSA1-CA1,141,16 613. Page 1166, line 12: after that line insert:

AB75-SSA1-CA1,141,17 " Section 2187f. 103.49 (1) (d) 1. of the statutes is amended to read:

AB75-SSA1-CA1,141,24 103.49 (1) (d) 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or, demolition, or improvement of any project of public works in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly for a majority of the hours worked in the trade or occupation on projects in the area.

AB75-SSA1-CA1, s. 2187h Section 2187h. 103.49 (1) (d) 2. of the statutes is amended to read:

AB75-SSA1-CA1,142,11 103.49 (1) (d) 2. If there is no rate at which a majority of the hours worked in the trade or occupation on projects in the area is paid, "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or, demolition, or improvement of any project of public works in any area means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51% of hours worked in that trade or occupation on projects in that area.

AB75-SSA1-CA1, s. 2187j Section 2187j. 103.49 (1) (dm) of the statutes is created to read:

AB75-SSA1-CA1,142,16 103.49 (1) (dm) "Project of public works" means a project involving the erection, construction, repair, remodeling, demolition, or improvement, including any alteration, painting, decorating, or grading, of a public facility, including land, a building, or other infrastructure.".

AB75-SSA1-CA1,142,17 614. Page 1166, line 13: after that line insert:

AB75-SSA1-CA1,142,18 " Section 2188e. 103.49 (1) (f) of the statutes is amended to read:

AB75-SSA1-CA1,143,2 103.49 (1) (f) "State agency" means any office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts. "State agency" also includes a state public body and corporate created by constitution, statute, rule, or order, including specifically the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, and the Wisconsin Aerospace Authority.

AB75-SSA1-CA1, s. 2188f Section 2188f. 103.49 (1) (fm) of the statutes is created to read:

AB75-SSA1-CA1,143,8 103.49 (1) (fm) "Supply and installation contract" means a contract under which the material is installed by the supplier, the material is installed by means of simple fasteners or connectors such as screws or nuts and bolts and no other work is performed on the site of the project of public works, and the total labor cost to install the material does not exceed 20 percent of the total cost of the contract.".

AB75-SSA1-CA1,143,10 615. Page 1166, line 16: delete "remodeled, repaired, or demolished" and substitute "repaired, remodeled, demolished, or improved".

AB75-SSA1-CA1,143,11 616. Page 1166, line 18: after that line insert:

AB75-SSA1-CA1,143,14 "(a) A project erected, constructed, repaired, remodeled, demolished, or improved by one state agency for another state agency under any contract or under any statute specifically authorizing cooperation between state agencies.".

AB75-SSA1-CA1,143,15 617. Page 1166, line 19: delete that line and substitute:

AB75-SSA1-CA1,143,16 "(b) A project in which the completed facility is leased,".

AB75-SSA1-CA1,143,19 618. Page 1166, line 21: delete "construction of the building" and substitute "erection, construction, repair, remodeling, demolition, or improvement of the facility".

AB75-SSA1-CA1,143,21 619. Page 1166, line 22: delete "(b) A road, street, sanitary sewer," and substitute:

AB75-SSA1-CA1,143,22 "(c) A "sanitary sewer".

AB75-SSA1-CA1,144,3 620. Page 1166, line 23: delete that line and substitute "sanitary sewer or water main is acquired by, or dedicated to, the state for ownership or maintenance by".

AB75-SSA1-CA1,144,5 621. Page 1167, line 2: delete "or demolition" and substitute "demolition , or improvement".

AB75-SSA1-CA1,144,6 622. Page 1167, line 15: after "a project" insert "of public works".

AB75-SSA1-CA1,144,7 623. Page 1167, line 23: after that line insert:

AB75-SSA1-CA1,144,8 " Section 2188k. 103.49 (2m) (a) 1. of the statutes is amended to read:

AB75-SSA1-CA1,144,10 103.49 (2m) (a) 1. All laborers, workers, mechanics , and truck drivers employed on the site of a project of public works that is subject to this section.

AB75-SSA1-CA1, s. 2188m Section 2188m. 103.49 (2m) (a) 2. of the statutes is amended to read:

AB75-SSA1-CA1,144,17 103.49 (2m) (a) 2. All laborers, workers, mechanics , and truck drivers employed in the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of a project of public works that is subject to this section or from a facility dedicated exclusively, or nearly so, to a project of public works that is subject to this section by a contractor, subcontractor, agent, or other person performing any work on the site of the project.

AB75-SSA1-CA1, s. 2188p Section 2188p. 103.49 (2m) (b) 1. of the statutes is amended to read:

AB75-SSA1-CA1,145,2 103.49 (2m) (b) 1. The laborer, worker, mechanic, or truck driver is employed to go to the source of mineral aggregate such as sand, gravel, or stone that is to be immediately incorporated into the work, and not stockpiled or further transported by truck, pick up that mineral aggregate, and deliver that mineral aggregate to the site of a project of public works that is subject to this section by depositing the material substantially in place, directly or through spreaders from the transporting vehicle.

AB75-SSA1-CA1, s. 2188r Section 2188r. 103.49 (2m) (b) 2. of the statutes is amended to read:

AB75-SSA1-CA1,145,7 103.49 (2m) (b) 2. The laborer, worker, mechanic, or truck driver is employed to go to the site of a project that is subject to this section, pick up excavated material or spoil from the site of the project of public works and transport that excavated material or spoil away from the site of the project.".

AB75-SSA1-CA1,145,9 624. Page 1167, line 24: delete the material beginning with that line and ending with page 1168, line 21.

AB75-SSA1-CA1,145,10 625. Page 1168, line 21: after that line insert:

AB75-SSA1-CA1,145,11 " Section 2188v. 103.49 (3) (am) of the statutes is amended to read:

AB75-SSA1-CA1,145,18 103.49 (3) (am) The department shall, by January 1 of each year, compile the prevailing wage rates for each trade or occupation in each area. The compilation shall, in addition to the current prevailing wage rates, include future prevailing wage rates when those prevailing wage rates can be determined for any trade or occupation in any area and shall specify the effective date of those future prevailing wage rates. If a construction project of public works extends into more than one area there shall be but one standard of prevailing wage rates for the entire project.".

AB75-SSA1-CA1,145,19 626. Page 1169, line 3: after that line insert:

AB75-SSA1-CA1,145,20 " Section 2189v. 103.49 (3) (c) of the statutes is amended to read:

AB75-SSA1-CA1,146,10 103.49 (3) (c) In addition to the recalculation under par. (b), the state agency that requested the determination under this subsection may request a review of any portion of a determination within 30 days after the date of issuance of the determination if the state agency submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the determination does not represent the prevailing wage rate for that trade or occupation in the city, village, or town in which the proposed project of public works is located. That evidence shall include wage rate information for the contested trade or occupation on at least 3 similar projects located in the city, village, or town where the proposed project of public works is located on which some work has been performed during the current survey period and which were considered by the department in issuing its most recent compilation under par. (am). The department shall affirm or modify the determination within 15 days after the date on which the department receives the request for review.".

AB75-SSA1-CA1,146,11 627. Page 1169, line 16: delete lines 16 and 17 and substitute:

AB75-SSA1-CA1,146,12 " Section 2190j. 103.49 (3g) (c) of the statutes is created to read:

AB75-SSA1-CA1,146,14 103.49 (3g) (c) Minor service or maintenance work, warranty work, or work under a supply and installation contract.

AB75-SSA1-CA1, s. 2190n Section 2190n. 103.49 (4r) (b) of the statutes is amended to read:

AB75-SSA1-CA1,146,21 103.49 (4r) (b) Upon completion of a project of public works and before receiving final payment for his or her work on the project, each agent or subcontractor shall furnish the contractor with an affidavit stating that the agent or subcontractor has complied fully with the requirements of this section. A contractor may not authorize final payment until the affidavit is filed in proper form and order.

AB75-SSA1-CA1, s. 2190p Section 2190p. 103.49 (4r) (c) of the statutes is amended to read:

AB75-SSA1-CA1,147,12 103.49 (4r) (c) Upon completion of a project of public works and before receiving final payment for his or her work on the project, each contractor shall file with the state agency authorizing the work an affidavit stating that the contractor has complied fully with the requirements of this section and that the contractor has received an affidavit under par. (b) from each of the contractor's agents and subcontractors. A state agency may not authorize a final payment until the affidavit is filed in proper form and order. If a state agency authorizes a final payment before an affidavit is filed in proper form and order or if the department determines, based on the greater weight of the credible evidence, that any person performing the work specified in sub. (2m) has been or may have been paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor and requests that the state agency withhold all or part of the final payment, but the state agency fails to do so, the state agency is liable for all back wages payable up to the amount of the final payment.

AB75-SSA1-CA1, s. 2191d Section 2191d. 103.49 (5) (a) of the statutes is amended to read:

AB75-SSA1-CA1,147,19 103.49 (5) (a) Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project of public works that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked.".

AB75-SSA1-CA1,148,2 628. Page 1169, line 25: delete the material beginning with that line and ending with page 1170, line 1, and substitute "apply to a contractor, subcontractor, or agent if all persons employed by the contractor, subcontractor, or agent who are performing the work described in sub. (2m) are covered under a collective bargaining agreement and the wage rates for those persons under the collective bargaining agreement are not less than the prevailing wage rate. In that case, the contractor,".

AB75-SSA1-CA1,148,5 629. Page 1170, line 3: delete "the collective bargaining agreement" and substitute "all collective bargaining agreements that are pertinent to the project of public works".

AB75-SSA1-CA1,148,6 630. Page 1170, line 13: after that line insert:

AB75-SSA1-CA1,148,7 " Section 2191h. 103.49 (5) (b) of the statutes is amended to read:

AB75-SSA1-CA1,148,18 103.49 (5) (b) It shall be the duty of the department to enforce this section. To this end it may demand and examine, and every contractor, subcontractor, and contractor's and subcontractor's agent shall keep, and furnish upon request by the department, copies of payrolls and other records and information relating to the wages paid to persons performing the work described in sub. (2m) for work to which this section applies. The department may inspect records in the manner provided in this chapter. Every contractor, subcontractor, or agent performing work on a project of public works that is subject to this section is subject to the requirements of this chapter relating to the examination of records. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.".

AB75-SSA1-CA1,148,19 631. Page 1170, line 17: after "project" insert "of public works".

AB75-SSA1-CA1,148,20 632. Page 1171, line 8: after that line insert:

AB75-SSA1-CA1,148,22 " Section 2192e. 103.49 (6m) (a) of the statutes is renumbered 103.49 (6m) (am).

AB75-SSA1-CA1, s. 2192f Section 2192f. 103.49 (6m) (ag) of the statutes is created to read:

AB75-SSA1-CA1,149,7 103.49 (6m) (ag) 1. Any contractor, subcontractor, or contractor's or subcontractor's agent who fails to pay the prevailing wage rate determined by the department under sub. (3) or who pays less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor is liable to any affected employee in the amount of his or her unpaid wages or his or her unpaid overtime compensation and in an additional amount as liquidated damages as provided in subd. 2., 3., or 4., whichever is applicable.

AB75-SSA1-CA1,149,16 2. If the department determines upon inspection under sub. (5) (b) or (c) that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (3) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the department shall order the contractor to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages within a period specified by the department in the order.

AB75-SSA1-CA1,150,4 3. In addition to or in lieu of recovering the liability specified in subd. 1. as provided in subd. 2., any employee for and in behalf of that employee and other employees similarly situated may commence an action to recover that liability in any court of competent jurisdiction. In an action that is commenced before the end of any period specified by the department under subd. 2., if the court finds that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (3) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the court shall order the contractor, subcontractor, or agent to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages.

AB75-SSA1-CA1,150,13 4. In an action that is commenced after the end of any period specified by the department under subd. 2., if the court finds that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (3) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the court shall order the contractor, subcontractor, or agent to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 200 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages.

AB75-SSA1-CA1,150,18 5. No employee may be a party plaintiff to an action under subd. 3. or 4. unless the employee consents in writing to become a party and the consent is filed in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant.".

AB75-SSA1-CA1,150,19 633. Page 1171, line 8: after that line insert:

AB75-SSA1-CA1,150,20 " Section 2192p. 103.49 (6m) (b) of the statutes is amended to read:

AB75-SSA1-CA1,151,4 103.49 (6m) (b) Whoever induces any person who seeks to be or is employed on any project of public works that is subject to this section to give up, waive, or return any part of the wages to which the person is entitled under the contract governing the project, or who reduces the hourly basic rate of pay normally paid to a person for work on a project that is not subject to this section during a week in which the person works both on a project of public works that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from employment, or by any other means is guilty of an offense under s. 946.15 (1).

AB75-SSA1-CA1, s. 2192r Section 2192r. 103.49 (6m) (c) of the statutes is amended to read:

AB75-SSA1-CA1,151,15 103.49 (6m) (c) Any person employed on a project of public works that is subject to this section who knowingly permits a contractor, subcontractor, or contractor's or subcontractor's agent to pay him or her less than the prevailing wage rate set forth in the contract governing the project, who gives up, waives, or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives, or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the person works both on a project of public works that is subject to this section and on a project that is not subject to this section, is guilty of an offense under s. 946.15 (2).".

AB75-SSA1-CA1,151,16 634. Page 1171, line 11: after "project" insert "of public works".

AB75-SSA1-CA1,151,17 635. Page 1171, line 17: after "project" insert "of public works".

AB75-SSA1-CA1,151,18 636. Page 1171, line 22: after that line insert:

AB75-SSA1-CA1,151,19 " Section 2194g. 103.49 (6m) (f) of the statutes is amended to read:

AB75-SSA1-CA1,151,22 103.49 (6m) (f) Paragraph (a) (am) does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (3) (a) or (am).".

AB75-SSA1-CA1,151,23 637. Page 1171, line 22: after that line insert:

AB75-SSA1-CA1,151,24 " Section 2194j. 103.49 (7) (d) of the statutes is amended to read:

AB75-SSA1-CA1,152,9 103.49 (7) (d) Any person submitting a bid on a project of public works that is subject to this section shall, on the date the person submits the bid, identify any construction business in which the person, or a shareholder, officer , or partner of the person, if the person is a business, owns, or has owned at least a 25% interest on the date the person submits the bid or at any other time within 3 years preceding the date the person submits the bid, if the business has been found to have failed to pay the prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor.".

AB75-SSA1-CA1,152,10 638. Page 1174, line 25: after "provides" insert "direct".

AB75-SSA1-CA1,152,11 639. Page 1175, line 6: delete lines 6 and 7.

AB75-SSA1-CA1,152,12 640. Page 1175, line 11: delete lines 11 and 12.

AB75-SSA1-CA1,152,14 641. Page 1175, line 16: delete the material beginning with that line and ending with page 1180, line 3, and substitute:

AB75-SSA1-CA1,153,2 "(2) Apprenticeship reports. (a) By no later than 15 days after the end of a month in which an employer performs work on a project, the employer shall submit to the department in an electronic format a report of the daily number of employees employed by the employer on the project in trades that are apprenticeable under this subchapter, the daily number of apprentices employed on the project, the race, sex, and average age of those apprentices, and the daily number of hours worked by those apprentices. The department shall post on its Internet site a running summary of those reports summarizing for each month the total number of employees employed on projects in this state in trades that are apprenticeable under this subchapter, the total number of apprentices employed on those projects, the race, sex, and average age of those apprentices, and the total number of hours worked by those apprentices.

AB75-SSA1-CA1,153,10 (b) The department shall grant an employer a total grace period of not more than 10 days in each calendar year for submitting the reports under par. (a). All projects on which an employer performs work during a calendar year, whether as a contractor, subcontractor, or agent of a contractor or subcontractor, are subject to a single grace period under this paragraph. If an employer exceeds that grace period, the employer shall forfeit, for each project on which the employer performs work during the calendar year, $1,000 for each day by which the employer exceeds the grace period.

AB75-SSA1-CA1,153,15 (3) Waiver. If the department grants an exception or modification to any requirement in any contract for the performance of work on a project relating to the employment and training of apprentices, the department shall post that information on its Internet site, together with a detailed explanation of why the exception or modification was granted.

AB75-SSA1-CA1,153,24 (4) Debarment. (a) Except as provided under pars. (b) and (c), the department shall distribute to all state agencies a list of all persons whom the department has found to have exceeded the grace period under sub. (2) (b) at any time in the preceding 3 years. The department shall include with any name the address of the person and shall specify when the person exceeded the grace period under sub. (2) (b). A state agency may not award any contract to the person unless otherwise recommended by the department or unless 3 years have elapsed from the date on which the department issued its findings or date of final determination by a court of competent jurisdiction, whichever is later.

AB75-SSA1-CA1,154,3 (b) The department may not include in a notification under par. (a) the name of any person on the basis of having let work to a person whom the department has found to have exceeded the grace period under sub. (2) (b).

AB75-SSA1-CA1,154,8 (c) This subsection does not apply to any contractor, subcontractor, or agent who in good faith on no more than 2 occasions in the same calendar year commits a minor violation of sub. (2) (b), as determined on a case-by-case basis through administrative hearings with all rights to due process afforded to all parties or who has not exhausted or waived all appeals.

AB75-SSA1-CA1,154,15 (d) Any person submitting a bid on a project that is subject to this section shall, on the date on which the person submits the bid, identify any construction business in which the person, or a shareholder, officer, or partner of the person, if the person is a business, owns, or has owned at least a 25 percent interest on the date on which the person submits the bid or at any other time within 3 years preceding the date on which the person submits the bid, if the business has been found to have exceeded the grace period under sub. (2) (b).

AB75-SSA1-CA1,154,16 (e) The department shall promulgate rules to administer this subsection.".